Queensland Consolidated Acts

SURROGACY ACT 2010 - SECT 22

22 Making a parentage order

(1) On an application under this part, the court may make a parentage order for the transfer of parentage of a child to the applicant, or joint applicants.

(2) The court may make the parentage order only if it is satisfied of all of the following matters—

(a) the proposed order will be for the wellbeing, and in the best interests, of the child;

(b) the child—

(i) has resided with the applicant, or joint applicants, for at least 28 consecutive days before the day the application was made; and

(ii) was residing with the applicant, or joint applicants, when the application was made; and

(iii) is residing with the applicant, or joint applicants, at the time of the hearing;

(c) the applicant, or joint applicants, were entitled to apply under section 21 ;

(d) there is evidence of a medical or social need for the surrogacy arrangement;

(e) the surrogacy arrangement—

(i) was made after—

(A) the birth mother and the birth mother’s spouse (if any), jointly or separately; and

(B) the applicant, or joint applicants (jointly or separately);

obtained independent legal advice about the surrogacy arrangement and its implications; and

(ii) was made after each of the birth mother, the birth mother’s spouse (if any) and the applicant, or joint applicants, obtained counselling from an appropriately qualified counsellor about the surrogacy arrangement and its social and psychological implications; and

(iii) was made with the consent of the birth mother, the birth mother’s spouse (if any) and the applicant, or joint applicants; and

(iv) was made before the child was conceived; and

(v) is in writing and signed by the birth mother, the birth mother’s spouse (if any) and the applicant, or joint applicants; and

(vi) is not a commercial surrogacy arrangement;

(f) the birth mother and the birth mother’s spouse (if any) were at least 25 years when the surrogacy arrangement was made;

(g) the applicant, or each of the joint applicants—

(i) was at least 25 years when the surrogacy arrangement was made; and

(ii) is resident in Queensland;

(h) the birth mother, the birth mother’s spouse (if any), another birth parent (if any) and the applicant, or joint applicants, consent to the making of the parentage order at the time of the hearing;

(i) a surrogacy guidance report under section 32 supports the making of the proposed order.